Questions tagged [legalese]

Questions about the strange language of legalese. Consider asking on law.stackexchange.com if your question focuses on the legal interpretation of some term or phrase.

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How did 'consideration' shift to signify grounds and the act of deliberation, then inducer of a grant or promise?

Frederick Pollock. Principles Of Contract. (1902) p. 170. p. 220/400 here.         The name of Consideration appears only about the beginning of the sixteenth century, and we do ...
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What does 'jealous' mean in 'the Courts are bound to be jealous, lest they should turn contracts of service into contracts of slavery'?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 454. As this case was published in 1890, I don't know if Fry LJ were using an older meaning of 'jealous', let alone try to guess which ...
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when we talk about settlement in litigation, can we use the word “price”?

When we talk about settlement in litigation, can we use the word "price"? I feel "amount" is commonly use when we talk about the amount of money one side has to pay to the other. Can we also use "...
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Understanding The Proper Usage of “Contingency Fee Basis” vs. “Contingent Fee Basis”

I am writing for an law firm and am trying to understand what is the appropriate usage of "contingent fee basis" versus "contingency fee basis." I have always used the term "Contingency Fee Basis" ...
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How to rationalise the legal definition of 'to procure'?

How can I resolve the contradictions below? What's the right derivation? I already understand and so ask NOT about the definition, below which I want to burrow. I heed the Etymological Fallacy. D2. ...
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39 views

Use of “Term of Office” and “Term of Employment” when translating internal rules and regulations of a university (in Japan)

I am checking the English translation of rules and regulations of Japanese university (Public). There seem too much use of "Term of Office" in the texts. Some of them must be altered to "Term of ...
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54 views

“by whom the sums were paid” vs “who paid the sums”

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 350. I don't understand the syntax of the relative clause underlined in red. I've removed that paragraph's adjuncts to ...
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98 views

Crime instrument, is there a term or a common phrase?

As per the title. The problem is that I need to find articles relating to a specific artifact (Machine Learning algorithms) that can be used for crime. If that artifact was a gun, the search "gun ...
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780 views

Use of “now” and “therefore” in contract preambles

Here's an example from the Merriam-Webster dictionary of a typical use of the word whereas: Whereas you chose to participate in this stupid prank, you will be held responsible as well. (this is ...
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266 views

“to resolve that sth be done” or “to resolve that sth shall be done”?

The Board of Directors of the company has resolved that the capital be raised from 1,000,000 € to 9,000,000 €. The Board of Directors of the company has resolved that the capital shall be raised from ...
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1answer
109 views

Ambiguity in this sentence?

Is this sentence ambiguous: Licensor grants licensee one license to install and use this software on as many computers owned and operated by employees of your company That is, who owns the ...
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575 views

how to say “etc” in a subject

I am translating some legal certificate and I need to indicate that a construction method and related factors are in accordance with a law. I am not sure what is the appropriate way to describe “...